The Deputy High Commissioner of India, Gaurav Ahluwalia, arrived at the Ministry of Foreign Affairs in Islamabad on Monday for a consular meeting with Indian spy Kulbhushan Jadhav, who is being held on charges of espionage and terrorism.
According to sources, Ahluwalia met first with the spokesman for the Ministry of Foreign Affairs (FO), Dr. Mohammad Faisal, and then with Jadhav in a sub-prison.
"In accordance with the decision of the International Court of Justice (ICJ), Pakistan provided consular access on September 2, 2019 to India for Commander Kulbhushan Jadhav, an Indian spy, serving the Indian naval officer and operational RAW," reads in a statement from FO.
"Gaurav Ahluwalia, Charge d'Affaires of the Indian High Commission in Islamabad, made use of consular access, which was provided in accordance with the Vienna Convention on Consular Relations, the ICJ verdict and the laws of Pakistan," reads the notice.
"Consular access was provided at 1200 hours and lasted two (02) hours, in the presence of Pakistani government officials," the statement continued. "At the request of India, there were no restrictions on the language of communication. To ensure transparency and in line with standard operating procedures, and as transmitted to the Indian side in advance, access was recorded.
A day earlier, Pakistan had announced that it would provide consular access to Jadhav in accordance with the Vienna Convention and the July 17 verdict of the International Court of Justice (ICJ).
Editorial: Now that the ICJ has ruled on Jadhav, Islamabad and Delhi must move forward with maturity.
"On Monday, September 2, 2019, consular access will be provided to the Indian spy Commander Kulbhushan Jadhav, an Indian naval officer in service and RAW operation, in line with the Vienna Convention on consular relations, the ICJ trial and the laws of Pakistan ", Dr. Faisal had said on Twitter.
"Commander Jadhav remains in Pakistan's custody for espionage, terrorism and sabotage," he said in another tweet.
On Monday morning, a senior Indian government official confirmed the meeting. The officer, while talking with him AFPsaid New Delhi hoped "Pakistan will ensure [the] adequate environment for the meeting to be free, fair, meaningful and effective in accordance with the letter and spirit of the orders of the ICJ. "
The spokesman for the Ministry of Foreign Affairs of India, Raveesh Kumar, said: "The Charge d'Affaires, High Commission of India in Islamabad, met today with Sri Kulbhushan Jadhav. This meeting was held in light of the unanimous trial of the Court International Justice issued on July 17, 2019 ".
Last month, Pakistan had made a formal offer to India to provide consular access to Jadhav and had been waiting for a response from the other side.
Speaking in New Delhi, Raveesh Kumar had confirmed that they had received Pakistan's proposal, but said they were evaluating it in light of the ICJ ruling. He had stated that India would maintain communication with Pakistan on this matter through diplomatic channels.
Trial in a military court and in the ICJ
Jadhav was arrested on March 3, 2016, in a counterintelligence operation in Balochistan. A military court sentenced him to death on April 10, 2017, after confessing that he had set up operations for RAW to carry out terrorist activities on Pakistani soil.
In June 2017, the Indian spy filed a petition for mercy against the death penalty, in which he again confessed his participation in terrorist activities.
However, before the Pakistani authorities could make a final decision, the ICJ, after being contacted by India, ordered to suspend its execution by a provisional order.
In its final verdict announced on July 17, the ICJ requested Pakistan to provide consular access to Jadhav under the Vienna Convention.
However, the ICJ based in The Hague had rejected the request for acquittal, release and return of Commander Jadhav of India.
Following the verdict, the FO had announced that, as a responsible state, Pakistan would grant consular access to Jadhav in accordance with the laws of the country, for which the modalities were being worked on.
He said that in accordance with the ICJ ruling, Jadhav had been informed of his rights under Article 36, Paragraph 1 (b) of the Vienna Convention on Consular Relations.
In its verdict that followed the proceedings that lasted approximately two years, the UN High Court did not accept India's claim that Jadhav was entitled to & # 39; restitutio in integrum & # 39; (restoration to the original position) and rejected his request to annul the decision of the Pakistani military court.
Instead, he ruled that Pakistan by its own choice could undergo an effective review and reconsideration of the sentence given to Jadhav.
The ICJ said that despite having found Pakistan in violation of Article 36 of the Vienna Convention on Consular Relations (VCCR), "it is not Jadhav's conviction and sentence that should be considered a violation of Article 36 of the Vienna Convention ". . "
The most that the ICJ said it could do was order Pakistan to cease the violation of Article 36 and review the case in the light of how that violation could have affected the outcome of the case.
"The court notes that Pakistan recognizes that the appropriate remedy in the present case would be the effective review and reconsideration of the sentence and sentence," he said.
To this end, Pakistan was ordered to immediately inform Jadhav about his rights under Article 36, grant consular access to India and then review the case while considering, under Pakistan's laws, how not doing so before could have affected The result of the case.
“The Court notes that the obligation to provide an effective review and reconsideration can be carried out in several ways. The choice of media is left to Pakistan, ”added the ICJ. However, he stressed that "Pakistan will take all measures to provide effective review and reconsideration, including, if necessary, enacting appropriate legislation."
In December 2017, Pakistan had allowed relatives of Jadhav to meet him. Later, India accused Pakistan of harassing Jadhav's family during the meeting, which he said was held in an "atmosphere of coercion." Pakistan, on the other hand, had denied the accusation.